PUBLIC PROSECUTOR Vs. SYED SHABA NUJEEBULLAH HUSSAINI

JUDGEMENT

(1.) The appellant is the complainant in C.C.No. 3508 of 1973 on the file of the Fourth City Magistrate, Hyderabad. The learned Magistrate dismissed the complaint and acquitted the accused under section 247, Criminal Procedure Code, on the ground that the complainant was not present in pers on when the case was called on for hearing.

(2.) In this case, the complainant (Regional Assistant Inspector of Factories) was admittedly not present when the case was called, and he deputed his attender to request the Court to pass over for a while as he had been to Munsif Magistrate's Court, Hyderabad (East).

(3.) The learned Public Prosecutor assails the order of the acquittal on two grounds (1) that the complaint arranged the attender of the office to request the Court to pass over for a short while, as he was engaged in another Court; and (2) that the Magistrate ought to have waited till the close of the day before passing orders under section 247, Criminal Procedure Code